July 16, 2019Surrounded by California’s and Washington’s paid family medical leave laws, we knew it was possible. Soon it will be a reality. The Oregon legislature recently passed an extremely generous paid Family and Medical leave law ...By Kathryn M. Hindman

June 21, 2019As the Oregon Legislature has been publicly forced to respond to allegations of workplace sexual harassment occurring in its own halls, Senate Bill 726, also known as the Oregon Workplace Fairness Act, passed through both chambers without much res...By Liani J. Reeves

June 19, 2019On May 30, 2019, the Oregon Senate and House passed Senate Bill 1049, the most recent legislative attempt at significant PERS reform. Governor Kate Brown signed the bill into law on June 11, 2019. The main thrust of SB 1049 will be to ...By Jason W. Douthit

May 6, 2019We recently reported that following protracted legal battles, the EEOC confirmed that Component 1 race, gender and ethnicity data for calendar 2018 must be filed no later than May 31, 2019 using the currently available portal, and Component 2 pay ...By Mitchell J. Cogen

April 30, 2019EEO-1 Update Summary
As ordered by the U.S. District Court for the District of Columbia, the EEOC yesterday confirmed on its website that Component 2 pay data for calendar year 2018 must be filed by Sept. 30, 2019. The agency expects their ...By Mitchell J. Cogen

April 26, 2019We recently addressed a challenging situation that faced employers required to file EEO-1 forms. This includes both private employers with 100 or more employees and federal contractors and first-tier subcontractors with both 50 or more employees a...By Mitchell J. Cogen

April 24, 2019This week, the U.S. Supreme Court announced its intent to decide whether gay and transgender employees can assert claims against employers for alleged discrimination on the basis of “sex.” The Court has agreed to hear Bostock v. Clayto...By Naomi D. Johnson & Benjamin P. O'Glasser

April 3, 2019The federal Fair Labor Standards Act (FLSA) generally requires subject employers to pay non-exempt employees overtime at a rate not less than one and one-half times the employees’ “regular rate” of pay for hours worked in excess ...By J. Kent Pearson, Jr.

March 26, 2019It’s the time of year when EEO-1 filers are preparing to file their EEO-1 reports. Private employers with 100 or more employees and federal contractors and first-tier subcontractors with both 50 or more employees and federal contracts o...By Mitchell J. Cogen

February 25, 2019Judge Stephen Reinhart served as a judge on the Ninth Circuit Court of Appeals for 37 years. When asked about the prospect of the Supreme Court overturning his decisions, Judge Reihnart famously commented “They can’t catch &rsquo...By Benjamin P. O'Glasser

February 7, 2019Many may recall that in 2016, the Obama administration’s Department of Labor issued new rules proposing a significant increase in the minimum salary required to qualify for a white-collar exemption. While President Trump’s election hal...By Kalia J. Walker

January 10, 2019In September, the Republican-controlled House of Representatives passed three bills collectively called Tax Reform 2.0 (referring to a sequel to the Tax Cuts & Jobs Act which was signed into law in late 2017). One of the bills, HR 6757 (...By Jason W. Douthit

December 20, 2018Washington: Effective January 1, 2019, the minimum wage rate in Washington will increase to $12.00 per hour. Employers can pay workers under 16 years old 85 percent of the minimum wage ($10.20 per hour in 2019).
The Washington State ...By Jason W. Douthit

December 18, 2018We previously have written about Oregon’s Equal Pay Act here.
The Oregon Bureau of Labor and Industries (BOLI) has issued final rules regarding implementation of the state’s new Equal Pay Act, the majority of which becomes eff...By Benjamin P. O'Glasser

October 4, 2018The individual risks and potential liability associated with behind-the-wheel cell phone use are well known. What may be lesser known is the extent to which an employer can be held liable for a cell phone-related accident involving one of its empl...By Naomi D. Johnson

September 27, 2018Late last year, the IRS began enforcing the employer mandate under the Affordable Care Act (the “ACA”) by sending letters to large employers containing proposed Employer Shared Responsibility Payments (“ESRPs”). The E...By Kara Backus

July 17, 2018A recent decision from a three-member panel of the NLRB appears to depart from over 40 years of precedent regarding an employee’s right to union representation during an investigatory interview. Last month, in Circus Circus Casinos, Inc., 36...By Trevor R. Caldwell & Daniel L. Rowan

July 2, 2018In March 2016, the Oregon Legislature enacted Senate Bill 1532 (codified in ORS 653.025) which provides for a geographically-tiered minimum wage increase over six years. The first increase went into effect July 1, 2016; annual scheduled minimum wa...By Liani J. Reeves

June 27, 2018In one of the most significant labor cases in decades, the U.S. Supreme Court ruled this morning that requiring public sector employees to pay “fair share” or “agency” fees to a union as a condition of employment violates t...By Trevor R. Caldwell, J. Chris Duckworth & Daniel L. Rowan

June 19, 2018Oregon’s predictive scheduling law goes into effect on July 1, 2018. We previously wrote about Oregon’s predictive scheduling law in August 2017.
In advance of the law’s effective date, BOLI has issued final ...By Benjamin P. O'Glasser

June 11, 2018A memorandum released this week by National Labor Relations Board (NLRB) General Counsel Peter Robb provides guidance to NLRB Regional Offices on how they should interpret disputed employer workplace rules in light of the Board’s recent deci...By Mitchell J. Cogen

May 23, 2018The U.S. Supreme Court ruled on Monday that class action waivers in arbitration agreements do not violate the National Labor Relations Act (NLRA) and are enforceable under the Federal Arbitration Act (FAA). The Court’s 5-to-4...By David J. Riewald

April 16, 2018The Oregon Legislature and Governor Kate Brown are banking on increased state income tax revenues (due to recent changes in the Internal Revenue Code) to incentivize PERS participating public employers to contribute to PERS. Under SB 1566, signed ...By Jason W. Douthit

April 12, 2018The Department of Labor (DOL) recently proposed a new regulation that could make Multiple Employer Welfare Arrangements (MEWAs) an attractive option for reducing employer costs and time spent on providing health insurance for employees. A MEWA is ...By Jason W. Douthit

February 28, 2018As a reminder, the following deadlines are fast approaching:
Washington State Paid Sick Leave Notices due March 1, 2018. Washington’s paid sick leave law went into effect January 1, 2018. Current employees employed before January...By Liani J. Reeves

February 16, 2018By now, you have probably heard about the recent changes to tax rates for individuals and businesses, the personal exemption, and the cap on deductions for state, local and property taxes. The Tax Cuts and Jobs Act of 2017 (the Act) changed ...By Jason W. Douthit

January 9, 2018In 2011, we alerted employers to the issue of unpaid interns bringing claims and lawsuits for unpaid wages, alleging that they qualified as employees entitled to the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) and ...By J. Kent Pearson, Jr.

December 19, 2017On December 14, 2017, the National Labor Relations Board overruled its 2015 decision in Browning-Ferris Industries. The Board held in Browning-Ferris Industries that two entities can be deemed a joint employer even if one does not have direct cont...By Mitchell J. Cogen & Lindsey M. Tran

December 19, 2017In a decision issued late Friday afternoon (PCC Structurals, Case No. 19-RC-202188), the National Labor Relations Board overruled a 2011 decision regarding how the Board will determine whether a group of employees is an appropriate unit for purpos...By Daniel L. Rowan

November 9, 2017New bill would roll back Obama-era expansion of joint employment standard
On Tuesday, November 7, 2017, the United States House of Representatives passed legislation to limit the definition of “joint employer.” The bill, entit...By J. Chris Duckworth

October 3, 2017
On September 28th, the U.S. Supreme Court announced that it will once again consider the issue of whether unions can force non-member public employees to pay union “agency fees” or “fair share fees.” The Court prev...By Lindsey M. Tran

October 2, 2017Bullard Law has previously written about the Oregon Equal Pay Act of 2017 which was passed by the 2017 Legislature and signed into law by the Governor on June 1st. While most of the provisions of the new law do not go into effect until 2019 or eve...By Liani J. Reeves

September 12, 2017As has been reported in earlier Bullard alerts, in 2016, the U.S. Department of Labor (DOL) finalized regulations increasing the salary threshold for exempt employees from $23,660 annually to $47,476. However, prior to the effective date of the re...By J. Kent Pearson, Jr.

August 30, 2017Bullard Law has previously reported on the EEOC’s 2016 changes to the reporting requirements for collection of demographic information on race, gender, and ethnicity, by job category, to also include pay data and hours worked for employees g...By Liani J. Reeves

August 8, 2017Today, Governor Brown signed into law Senate Bill 828, which provides that large employers in the retail, hospitality, and food services industries must pay additional compensation to employees for certain scheduling changes. The law also pe...By Benjamin P. O'Glasser

August 1, 2017As Bullard has previously reported, the Occupational Safety and Health Administration (OSHA) promulgated new rules effective January 1, 2017, which required additional reporting of injuries and illnesses by employers with 250 or more employees or ...By Liani J. Reeves

July 31, 2017Last week, the U.S. Department of Labor (DOL) published an official request for information (RFI), seeking input on alternatives to the 2016 overtime rule proposed by the former administration.
The 2016 overtime rule increased the salary levels...By Liani J. Reeves

July 18, 2017On July 17, 2017, U.S. Citizens and Immigration Services (USCIS) published a revised Form I-9, the form used to verify employee identity and authorization to work in the United States. Employers may download the new form here: Form I-9...By J. Kent Pearson, Jr.

July 6, 2017Last year, the Department of Labor (DOL) under the Obama administration promulgated a rule that increased the salary threshold a worker must make to qualify as exempt from overtime from $455/week to $913/week ($47,476 per year). Businesses and sta...By Liani J. Reeves

July 5, 2017In March 2016, Oregon enacted a geographically-tiered minimum wage hike. (Read former Bullard Alert here). The first increase went into effect last year. The second increase went into effect on July 1, 2017...By Megan J. Crowhurst

June 16, 2017In an 8-0 decision last week, the U.S. Supreme Court held that the exemption under the Employee Retirement Income Security Act (“ERISA”) for church-sponsored employee benefit plans extends to plans maintained by entities that are...By Kara Backus & Thomas I. Kramer

May 25, 2017The first significant employment bill of the 2017 Legislative session has been passed by both chambers of the Oregon Legislature and is headed to the Governor who has publicly announced that she will sign the bill into law. House Bill 2005 (2017),...By Liani J. Reeves

May 4, 2017In December 2016, Congress passed and President Obama signed the 21st Century Cures Act, which created qualified small employer health reimbursement arrangements (QSEHRAs). This Alert reviews how QSEHRAs may be used, in light of different ...By Kara Backus & Thomas I. Kramer

April 5, 2017Here in the Pacific Northwest, it is easy to miss that there has been a long brewing debate on whether discrimination in employment based on sexual orientation is unlawful. Oregon has specifically included sexual orientation ...By Randi J. Ensley

March 16, 2017With certain exceptions, including supervisors and employees working in non-production areas, ORS § 652.020 provides that Oregon employees working in mills, factories, and manufacturing establishments are entitled to daily overtime at time an...By J. Kent Pearson, Jr.

February 24, 2017Employers in Oregon could be required to pay employees for up to four hours of unworked time if an employee’s shift is cancelled or shortened. Additionally, some large employers may be required to engage in an “interactive proces...By Benjamin P. O'Glasser

January 13, 2017In November, 2016, U.S. Citizens and Immigration Services (USCIS) issued a revised Form I-9, the form used to verify employee identity and authorization to work in the United States. By J. Kent Pearson, Jr.

December 9, 2016In the latest move to maintain Portland’s reputation as a city of “firsts,” the Portland City Council voted 3-1 on Wednesday to pass a first-of-its-kind measure that attempts to address income disparity. The ordinance creat...By Liani J. Reeves

December 6, 2016A new year is almost upon employers in the Pacific Northwest. And with it come new employment laws taking effect January 1, 2017. This Alert provides a brief summary of the key laws that Oregon and Washington employers should be prepar...By Daniel L. Rowan

November 28, 2016On November 16, 2016, a Texas federal judge issued a permanent nationwide injunction blocking the implementation and enforcement of the US Department of Labor’s “Persuader Rule.” In a June 29, 2016 Bullard Alert, we discuss...By J. Chris Duckworth

November 22, 2016Earlier today, a Texas federal court judge issued a nationwide preliminary injunction enjoining the U.S. Department of Labor’s final salary threshold rule from going into effect on December 1, 2016, as scheduled. The rule would have raised t...By J. Kent Pearson, Jr.

November 10, 2016On September 29, 2016, the U.S. Department of Labor published a final rule requiring that federal contractors provide up to 56 hours of paid sick leave to covered employees per year. The final rules implement Executive Order 13706, ...By Jacqueline M. Damm & J. Chris Duckworth

November 1, 2016​With the general election right around the corner, employers might be wondering how to manage the sometimes emotional and confrontational conversations among employees that can lower morale and productivity...By Kara Backus

October 3, 2016“The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’” Ronald Reagan. In July 2016 BOLI started a new program that allows for surprise, warrantless searches of...By Daniel R. Barnhart

June 30, 2016In March 2016, Oregon enacted a geographically-tiered minimum wage hike. The first increase goes into effect tomorrow--July 1, 2016.
For all employees performing work in the Portland Urban Growth Boundary, and the Urban/Suburban Region, the min...By Megan J. Crowhurst

June 29, 2016On June 27, 2016, the US District Court for the Northern District of Texas issued a nationwide preliminary injunction temporarily suspending the implementation and enforcement of the US Department of Labor’s controversial “Persuader Ru...By J. Chris Duckworth

June 28, 2016In December we wrote about Portland’s “Ban the Box” ordinance. This month the City Council approved administrative rules that will guide enforcement when the ordinance goes into effect on July 1, 2016. The ordinance and rul...By Benjamin P. O'Glasser

February 19, 2016On Thursday, the Oregon House of Representatives approved landmark legislation (Senate Bill 1532) which raises the state's minimum wage rate to the highest in the United States, and does so through an unprecedented tiered system based on where Oregon ...

February 8, 2016On January 20, 2016, the United States Department of Labor, Wage and Hour Division issued an Administrator’s Interpretation (“AI”), effectively an advisory opinion, explaining how it will interpret joint employer status under the Fair Labor...By Francis T. Barnwell

January 28, 2016Last month, the Obama administration delayed two provisions of the Affordable Care Act relating to employers and the Internal Revenue Service provided guidance on several aspects of the ACA. This Alert will try to explain those actions...
By Kara Backus & Thomas I. Kramer

December 14, 2015Portland has jumped to forefront of the national “ban the box” trend and has adopted a new ordinance that restricts many employers from screening applicants based on their criminal history before making a conditional job offer...By Benjamin P. O'Glasser

July 9, 2015The 2015 Oregon Legislative Session is finally over. Before adjourning on the evening of July 6, 2015, legislators passed a number of key employment bills that have now been signed into law by Governor Brown. The new laws going into effect... By Kara Backus, J. Chris Duckworth, Randi J. Ensley, Benjamin P. O'Glasser & Daniel L. Rowan

June 26, 2015BENEFITS NOTEBOOK: Yesterday, the U.S. Supreme Court upheld a key provision of the Affordable Care Act, ruling that eligible individuals may receive federal subsidies through a state’s health insurance exchange even if the exchange is run by the...By Kara Backus

June 4, 2015SUPREME COURT NOTEBOOK: On June 1, 2015 the United States Supreme Court held that an employer engages in unlawful religious discrimination in violation of Title VII where the employer’s belief that it may need to accommodate an applicant’s...By Michael G. McClory

March 20, 2015With the April 14, 2015 effective date fast approaching, we thought employers could use this reminder about the National Labor Relations Board’s new election rules and an update on the challenges to those rules. We will also look at the key changes...By Daniel L. Rowan

December 23, 2014Two weeks ago, the National Labor Relations Board overruled its 2007 Register Guard decision and held that employees have a “statutory right to use their employer’s email systems for Section 7 purposes.” See Purple Communications, Inc. and...By Jennifer A. Sabovik

September 5, 2014A threshold question in connection Americans with Disabilities Act cases is whether an individual has a “disability”: no disability means no standing to sue for disability...By Randi J. Ensley

September 2, 2014On August 22, 2014, in Triple Play Sports Bar and Grille, a three member panel of the National Labor Relations Board (NLRB) held that employees who “like” a comment on a fellow employee’s Facebook page may be engaged in protected...By Jennifer A. Sabovik

August 6, 2014In a union-friendly determination that could significantly impact the franchise model, the National Labor Relations Board Office of the General Counsel issued an advice memorandum on July 29, 2014 allowing 43 complaints filed against both McDonald’s ...By J. Chris Duckworth

July 1, 2014On June 30, 2014, the United States Supreme Court partially struck down the Affordable Care Act’s contraceptive mandate. The case was Burwell v. Hobby Lobby Stores, Inc., decided by a 5-4 vote, with the majority opinion written by Justice Al...By Thomas I. Kramer

June 20, 2014WORK-RELATED SPEECH UPDATE
On June 19, 2014, in Lane v Franks, the United States Supreme Court unanimously held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope ...By Benjamin P. O'Glasser

June 17, 2014PUBLIC SECTOR LABOR NOTEBOOK
On June 16, 2014 the Oregon Employment Relations Board (ERB) held that the Washington County Dispatchers Association violated the duty to bargain in good faith when its bargaining team demanded to record collective ...By Daniel L. Rowan

May 21, 2014Continuing to show its willingness to overturn established precedent, on May 12, 2014 the National Labor Relations Board (NLRB) issued a Notice And Invitation To File Briefs (Notice) inviting parties and amici to provide input on “substantial...By J. Chris Duckworth

April 8, 2014VETERANS’ PREFERENCE UPDATE
The Multnomah County Sheriff’s Office violated Oregon’s Veterans’ Preference law by failing to devise and implement an adequate method for giving “special consideration” to a cover...By Benjamin P. O'Glasser

March 28, 2014LABOR LAW UPDATE
Scholarship athletes playing on the Northwestern University football team are employees within the definition of the National Labor Relations Act, according to Region 13 of the National Labor Relations Board in Chicago. The Reg...By Daniel L. Rowan

March 25, 2014BENEFITS UPDATE: Employers sometimes provide severance pay to departing employees, whether as part of a severance pay plan or policy, an individual separation agreement or to settle a dispute between the employer and the departing employee. While the...By Thomas I. Kramer

February 24, 2014BENEFITS NOTEBOOK: Readers of our February 10, 2014 Alert know that the employer “play-or-pay” mandate, which last year was postponed until January 1, 2015, was further postponed for some employers. Those readers also know that the Internal Revenue...By Thomas I. Kramer

February 21, 2014LABOR LAW UPDATE: On January 27, 2014, a unanimous United States Supreme Court held that employers and unions may agree that time workers spend putting on and taking off clothing, including protective clothing, is unpaid without violating the Fair...By J. Chris Duckworth

February 10, 2014BENEFITS NOTEBOOK: Readers of our July 3, 2013 Alert know that the employer “play-or-pay” mandate, which was originally scheduled to take effect January 1, 2014, was postponed until January 1, 2015. On February 10, 2014, the Internal Revenue...By Thomas I. Kramer

January 22, 2014GINA Update
Last week the Equal Employment Opportunity Commission (EEOC) announced a settlement and consent decree in the first lawsuit filed by the agency alleging systemic discrimination in violation of Title II of the Genetic Information Nondi...By J. Chris Duckworth

January 9, 2014Although 2013 is now in the rearview mirror, the shadow it casts looms large before us. Here are five stories from 2013 (Affordable Care Act, Portland Sick Time Ordinance, EEOC overstepping its bounds, bereavement leave under OFLA, and legalized m...By Michael G. McClory

August 30, 2013BENEFITS NOTEBOOK: Readers of our June 28, 2013 Alert may remember from our discussion of the United States Supreme Court’s holding in U.S. v. Windsor that a portion of the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment of the...By Thomas I. Kramer & Victoria L. Macpherson

July 15, 2013OREGON LEGISLATIVE UPDATE: With summer in full swing, the 2013 Oregon Legislative Session finally wrapped on July 8. Before ending the session, legislators passed a number of bills of importance to employers, which were subsequently signed into law by...By Daniel L. Rowan

July 3, 2013BENEFITS NOTEBOOK: Most employers know that major portions of the health care reform laws enacted in 2010 are scheduled to take effect in 2014. On July 2, 2013 the Obama Administration delayed for a year one important piece of those...By Thomas I. Kramer

June 28, 2013HARASSMENT UPDATE: On June 24, 2013 a divided United States Supreme Court answered two questions left lingering over the past 15 years: for purposes of workplace harassment claims based on Title VII, who is a “supervisor” and what is a “tangible...By Michael G. McClory

June 28, 2013BENEFITS NOTEBOOK: On June 26, 2013, in U.S. v. Windsor, a divided U.S. Supreme Court held that a portion of the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment of the U.S. Constitution. That decision presents difficult issues for...By Thomas I. Kramer

April 15, 2013LABOR UPDATE: On April 9, 2013 President Obama announced that he had nominated three persons to serve on the National Labor Relations Board (NLRB). This brings to five the total number of Board nominations that are waiting for Senate action...By Michael G. McClory

March 19, 2013HR NOTEBOOK: A few weeks ago, we told you about a proposal introduced by Commissioner Amanda Fritz to require certain employers with employees in Portland to provide paid and unpaid sick time off to employees...By Kathryn M. Hindman

March 8, 2013BENEFITS UPDATE: In our last Benefits Update, we reported on a set (Part XI) of Frequently Asked Questions jointly issued by the U.S. Departments of Labor and Health and Human Services and the Internal Revenue Service relating to the Patient Protection...By Thomas I. Kramer

February 26, 2013FMLA Benefits: On March 8, 2013 the United States Department of Labor’s new Family and Medical Leave Act regulations go into effect. These regulations implement the amendments to FMLA that were included in...By Kathryn M. Hindman

February 19, 2013BENEFITS NOTEBOOK: On January 24, 2013, the United States Departments of Labor and Health and Human Services and the Internal Revenue Service jointly issued a new set (Part XI) of Frequently Asked Questions relating to the Patient Protection and...By Thomas I. Kramer

February 14, 2013HR NOTEBOOK: Oregon employers are facing a slew of potential new labor and employment laws in 2013. While none of these proposals is a law yet, for some it is just a matter of time before passage. Below we discuss several of the more consequential...By Michael G. McClory

January 29, 2013LABOR LAW UPDATE: What began as routine successor bargaining between Noel Canning, a contract bottling and canning facility in Yakima, Washington, and Teamsters Local 760, has resulted in a potentially groundbreaking decision from the...By Daniel L. Rowan & Jennifer A. Sabovik

January 25, 2013LABOR LAW UPDATE: The National Labor Relations Board recently reversed 50 years of precedent on the issue of whether an employer’s obligation in a collective bargaining agreement to deduct union dues from employees’ wages continues after the...By Daniel L. Rowan

November 6, 2012LABOR UPDATE: During Bullard Law’s October 31, 2012 Annual Briefing, we addressed the confusing posture of the National Labor Relations Board with respect to at-will employment statements in employee handbooks. Our call out to the NLRB for...By Jennifer A. Sabovik

July 9, 2012BENEFITS NOTEBOOK: Employee benefit plans subject to the federal Employee Retirement Income Security Act may, from time to time, seek to recover funds from participants. For example, a health or disability plan (especially one that is self-insured)...By Randi J. Ensley & Thomas I. Kramer

July 2, 2012BENEFITS UPDATE: On June 28, 2012 the United States Supreme Court rejected a Constitutional challenge to most of the Patient Protection and Affordable Care Act, as amended (the ACA), which Congress had enacted in 2010 to make significant changes...By Thomas I. Kramer

May 14, 2012LABOR LAW UPDATE: Finding inspiration from Woody Allen today, United States District Judge James E. Boasberg issued his decision in Chamber of Commerce of the United States of America and Coalition for a Democratic Workplace v. National Labor Relations...

April 17, 2012LABOR LAW UPDATE: The effective date for the National Labor Relations Board’s notice posting rule has been postponed again. Last time it was postponed by the Board itself and this time it is being postponed by the U.S. Court of Appeals for the...By Jennifer A. Sabovik

March 9, 2012LABOR LAW UPDATE: On March 2, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board (“NLRB”) partially exceeded its statutory rulemaking authority when it issued a final rule...

March 6, 2012FMLA UPDATE: The United States Department of Labor has finally “updated” its model Family and Medical Leave Act certification and notification forms. The model FMLA certification and notification forms in place at the start of..By Kathryn M. Hindman

January 5, 2012NLRB UPDATE: On January 4, 2012 President Obama took advantage of a Congressional break to fill the National Labor Relations Board (NLRB) with recess appointments. Specifically, he announced three recess appointments...By Michael G. McClory

December 28, 2011LABOR LAW UPDATE: As discussed in a number of recent Bullard Alerts, the National Labor Relations Board (“NLRB”) issued a final rule in August 2011 requiring most private sector employers to post a Notice informing employees of their rights...By Barbara A. Bloom

December 22, 2011MINIMUM WAGE UPDATE: Effective January 1, 2012, the minimum wage rate is going up in Oregon and Washington. This will be second year in a row with minimum wage increases in both states. Oregon: Oregon's minimum wage will increase by 30 cents...By Michael G. McClory

December 22, 2011LABOR LAW UPDATE: On December 22, 2011 the National Labor Relations Board published a final rule amending its election case procedures. The NLRB contends that the rule, which becomes effective April 30, 2012, will “reduce unnecessary litigation and...By Barbara A. Bloom

December 7, 2011LABOR LAW UPDATE: As discussed in a number of our recent Bullard Alerts, the National Labor Relations Board (“NLRB”) issued a final rule in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post...By Michael G. McClory

November 10, 2011VETERANS DAY UPDATE: As we prepare to observe Veterans Day 2011, Bullard Law offers its sincere appreciation and gratitude to all of those who are serving or have served the United States of America. We appreciate the service and sacrifice of...By Michael G. McClory

October 7, 2011LABOR LAW UPDATE: On October 5, 2011 the National Labor Relations Board (“NLRB”) postponed implementation of the final rule issued in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post...By Jennifer A. Sabovik

September 15, 2011LABOR LAW UPDATE: As discussed in our August 25, 2011 and September 9, 2011 Bullard Alerts, the National Labor Relations Board (“NLRB”) implemented a final rule last month requiring employers covered by the National Labor...By Jennifer A. Sabovik

September 7, 2011HR NOTEBOOK: Most employers have written leave of absence policies published to employees, typically through a handbook. If covered by the Family and Medical Leave Act (FMLA) and/or its state counterpart, they have a written family medical leave policy...By Kathryn M. Hindman & Michael G. McClory

August 25, 2011LABOR LAW UPDATE: This morning the National Labor Relations Board announced that it has issued a final rule requiring employers covered by the National Labor Relations Act to notify employees of their rights under the Act. The final rule...By Jennifer A. Sabovik

August 8, 2011ARBITRATION UPDATE: Arbitration agreements prevent employees from litigating their claims in front of employee-friendly juries that are prone to award large verdicts against employers. Recently, there have been several significant developments...By Jennifer A. Sabovik

July 28, 2011HR NOTEBOOK: It is not uncommon for human resources professionals to find themselves with the responsibility of producing personnel records in response to a subpoena. Undeniably, personnel records are sensitive. But the addition of medical information...By Kathryn M. Hindman

June 30, 2011PUBLIC SECTOR BENEFITS UPDATE: These are difficult economic times for public sector entities, and having the ability to modify or eliminate employees’ fringe benefits may be crucial to a public sector entity’s financial viability. In a significant...By Kirk S. Peterson

June 21, 2011LABOR LAW UPDATE: On June 21, 2011, a divided National Labor Relations Board (NLRB) proposed new rules to speed up unionization elections. The NLRB, which oversees labor relations laws governing most private sector employers, stated that the purpose...By Adam S. Collier

June 10, 2011MEDICAL MARIJUANA: On June 9, 2011 the Washington Supreme Court held that Washington’s Medical Use of Marijuana Act (MUMA) does not create any employment protections for applicants or employees. This means...By Michael G. McClory

June 9, 2011HR WORKBOOK: Federal and Oregon laws restrict an employer’s use of credit history and bankruptcy information in the employment process. Specifically, as a federal appeals court recently held...By Michael G. McClory

March 25, 2011WAGE AND HOUR NOTEBOOK: On March 22, 2011 the United States Supreme Court held that the anti-retaliation provisions of the Fair Labor Standards Act (FLSA) protect...By J. Kent Pearson, Jr.

March 8, 2011LABOR LAW UPDATE: Employers often seek legal review of their handbooks and policies to ensure compliance with federal and state employment laws, but neglect to seek review for compliance with federal...By Kathryn M. Hindman & Jennifer A. Sabovik

March 4, 2011DISCRIMINATION NOTEBOOK: On March 1, 2011, the United States Supreme Court upheld liability on a “cat’s paw” theory of discrimination. See Staub v. Proctor Hospital, Case No. 09-400 (2011). While anti-military animus did not...

February 9, 2011PRIVACY IN THE WORKPLACE: On February 7, 2011, the National Labor Relations Board’s Office of the General Counsel announced that a settlement had been reached in the widely-discussed case involving...

January 6, 2011HR WORKBOOK: While the beginning of the new year can be a little less demanding for most employees, it is one of the busiest times for human resource professionals. Employers can expect increased regulatory oversight and rulemaking initiatives...By Kathryn M. Hindman

December 23, 2010LABOR LAW UPDATE: On December 22, 2010 a divided National Labor Relations Board (Board or NLRB) proposed a new rule that would require employers (including labor organizations) subject to the National Labor Relations Act (NLRA) to post...By Jennifer A. Sabovik

November 19, 2010LABOR LAW UPDATE: On November 15, 2010, a federal court in Wisconsin struck down a state law that prohibited employers from taking adverse employment action against employees who refused to attend meetings intended to...By Barbara A. Bloom

November 2, 2010LABOR LAW UPDATE: On October 25, 2010, the National Labor Relations Board issued two decisions adopting new remedial policies: one requiring that back pay now be compounded daily and the other requiring that notices be distributed...By Adam S. Collier & Jennifer A. Sabovik

October 22, 2010MINIMUM WAGE UPDATE: Effective January 1, 2011, the minimum wage rate is going up in Oregon and Washington. These will be the first increases to the minimum wage in both states in two years...

October 6, 2010BENEFITS NOTEBOOK: Employers that participate in multiemployer pension plans may be required, under a proposed new FASB Accounting Standard Codification, to disclose much more information to their auditors about...By Thomas I. Kramer

September 16, 2010LABOR LAW UPDATE: Long one of the hallmarks of labor relations, the “secret ballot” is now in jeopardy. Stating that "substantial issues" have been raised about when a union's support by employees can be challenged by a secret ballot election...By Kirk S. Peterson

June 29, 2010On June 17, 2010 a unanimous United States Supreme Court held that the City of Ontario, California did not violate a police officer’s constitutional rights when it audited his text messages sent on a city-issued pager. See City of Ontario v....By Maryann Yelnosky

June 17, 2010NLRB UPDATE: Earlier today a divided US Supreme Court held that the National Labor Relations Board (NLRB) lacked authority to act when three of its five seats were vacant, a decision with the potential to invalidate more than 600 decisions...By Jennifer A. Sabovik

May 21, 2010LABOR LAW UPDATE: On May 6, 2010, U.S. District Court Judge Michael Mosman dismissed a lawsuit aimed at overturning Oregon SB 519 (known as either the “Workers Freedom Act” or the “Employer Gag Law”). Effective since January 1, 2010...

May 20, 2010BENEFITS NOTEBOOK: This week, the Internal Revenue Service will notify 1,200 §401(k) plans across the country that they have been selected to complete a 401(k) Compliance Check Questionnaire. The 1,200 plans...By Thomas I. Kramer & Victoria L. Macpherson

April 30, 2010LABOR LAW UPDATE: Senate Bill 519, known to its supporters as the Workers Freedom Act and to its critics as the Employer Gag Bill, took effect January 1, 2010. As we reported in our July 24, 2009 Bullard Alert, SB 519 prohibits employers...By Jacqueline M. Damm

April 19, 2010BENEFITS NOTEBOOK: On April 15, 2010, President Obama signed the Continuing Extension Act of 2010. Among other extensions, it extended the date within which an involuntary termination of employment may lead to a federal subsidy for...By Thomas I. Kramer

April 16, 2010MEDICAL MARIJUANA: n April 14, 2010 the Oregon Supreme Court held that Oregon employers are not required to accommodate the medical use of marijuana and are not required to engage in the interactive process regarding potential...By Francis T. Barnwell & Michael G. McClory

April 1, 2010NLRB/EEOC UPDATE: On March 27, 2010, President Obama took advantage of a two-week Congressional break to fill key administration posts with recess appointments. President Obama made a total of 15 recess appointments, filling two vacancies on...By Jennifer A. Sabovik

March 8, 2010BENEFITS NOTEBOOK: On March 2, 2010, President Obama signed the Temporary Extension Act of 2010, amending the American Recovery and Reinvestment Act of 2009 (ARRA), which was first amended in December by the Defense...By Thomas I. Kramer

February 23, 2010ADR NOTEBOOK: On January 14, 2010, Judge Anna Brown of the District of Oregon concluded that ORS §36.620(5), which is part of the Oregon Uniform Arbitration Act, is preempted by the Federal Arbitration Act (FAA) when the FAA applies...

February 10, 2010LABOR LAW UPDATE: On Tuesday, February 9, 2010, Senate Republicans joined by two Democrats effectively blocked President Obama’s nomination of attorney Craig Becker to fill one of three open seats on the National Labor Relations Board (NLRB)...By Adam S. Collier

December 28, 2009LABOR LAW UPDATE: On December 22, 2009, the U.S. Chamber of Commerce and Associated Oregon Industries filed a federal lawsuit seeking to block Oregon SB 519 from taking effect on January 1, 2010. As we reported in our July 24, 2009 Bullard...

November 23, 2009"GINA" UPDATE: The Genetic Information Nondiscrimination Act of 2008 (“GINA”), signed into law by President Bush on May 21, 2008, prohibits discrimination on the basis of genetic information with respect to health insurance (Title I) and...By Michael G. McClory

October 15, 2009WAGE AND HOUR UPDATE: On October 1, 2009, a jury in Multnomah County Oregon Circuit Court found Del Monte Fresh Produce N.A. liable for failing to compensate workers at a local plant for the time workers spent donning and doffing their uniforms and...

September 25, 2009OREGON LEGISLATIVE UPDATE: The Oregon legislative session that ended in July resulted in a number of new laws that will affect Oregon employers beginning January 1, 2010. Chances are good that you have already heard about some of these new...

July 28, 2009FAMILY LEAVE UPDATE: On June 25, 2009, the Oregon Military Family Leave Act (“OMFLA”) went into effect, requiring all public, private, and not-for-profit employers of 25 or more employees in Oregon to provide up to 14 days of unpaid leave...

July 24, 2009LABOR LAW UPDATE: From statehouses to the United States Capitol, organized labor is pushing lawmakers to enact new laws designed to make it easier for unions to organize workers and more difficult for employers to respond to organizing efforts...By Jennifer A. Sabovik

April 30, 2009BENEFITS NOTEBOOK: Readers of our February 16 and April 6 eAlerts know that the federal stimulus bill, titled the American Recovery and Reinvestment Act of 2009 (and now known as ARRA), provides a subsidy for continuation coverage in...By Thomas I. Kramer

April 6, 2009BENEFITS NOTEBOOK: Readers of our February 16, 2009 eAlert know that the stimulus bill, formally titled the American Recovery and Reinvestment Act of 2009 (now known as ARRA), provides a subsidy for continuation coverage in...By Thomas I. Kramer

March 13, 2009BENEFITS NOTEBOOK: On September 30, 2008, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which decides appeals from federal courts in the nine westernmost states, upheld a San Francisco ordinance that requires certain San FranciscBy Thomas I. Kramer

March 6, 2009BENEFITS NOTEBOOK: Last month, in the e-mail that transmitted our eAlert about the new continuation coverage rules in the American Recovery and Reinvestment Act, we noted that Congress had recently enacted...By Thomas I. Kramer

February 26, 2009LABOR LAW UPDATE: In his first few weeks in office, President Obama signed four Executive Orders related to labor policies and government contracting. Signaling a new direction in federal labor relations, each of these Executive Orders...

February 17, 2009BENEFITS NOTEBOOK: The stimulus bill, formally titled the American Recovery and Reinvestment Act of 2009, passed by the House and Senate last week and signed by President Obama today, includes two temporary but...By Thomas I. Kramer

February 11, 2009FORM I-9 UPDATE: On February 3, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it has postponed for 60 days the use of a new Form I-9. The new form, which had been scheduled to be...By J. Kent Pearson, Jr.

January 29, 2009WAGE AND HOUR UPDATE: On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009. The Act changes the rules for calculating the statute of limitations for claims of discrimination in...

January 13, 2009WAGE AND HOUR UPDATE: On January 12, 2009 the Oregon Bureau of Labor and Industries (BOLI) issued a new rule of particular interest to employers and employees for whom a 30-minute meal period is either occasionally...

September 15, 2008AAP/EEO-1 NOTEBOOK: The deadline for filing the revised EEO-1 Survey is September 30, 2008 and is fast approaching. All private employers who are required to file...By Michael G. McClory

July 22, 2008NLRB NOTEBOOK: Does your Company have a policy that limits employees from disclosing information about their wages and benefits to people outside of the Company? How about a policy that prohibits employees from loitering...By Jennifer A. Sabovik

July 21, 2008WAGE AND HOUR UPDATE: OAR 839-020-0050(1) requires an employer to provide appropriate meal and rest periods during which the employee is relieved of all duties. Effective July 8, 2008, the Oregon Bureau of Labor and Industries...

May 15, 2008WAGE AND HOUR UPDATE: For nearly a year employers have been wondering whether employees are really entitled to receive additional wages each time they are unable to take a required rest break. This question arose after the...

March 18, 2008PUBLIC SECTOR NOTEBOOK: On March 13, 2008, the Ninth Circuit Court of Appeals issued a decision limiting public employer drug testing. In Lanier v. City of Woodburn, the Ninth Circuit held that the City’s policy requiring all job...By Adam S. Collier

February 7, 2008DOMESTIC PARTNER BENEFITS: As regular readers of our eAlerts may recall, we addressed domestic partner benefits in May 2007, when Senate Bill 2 (SB 2) and House Bill 2007 (HB 2007) had just been signed by Governor Kulongoski, and...By Thomas I. Kramer

January 31, 2008FMLA NOTEBOOK: On January 29, 2008 President Bush signed the National Defense Authorization Act, which includes a provision amending the Family and Medical Leave Act for military families. Specifically, the amendments...

January 18, 2008REGULATORY NOTEBOOK: BOLI recently released its final administrative rules (“OAR” below) relating to employee leaves of absence and rest breaks for nursing mothers. Many of these new regulations will have a significant...